• If I have been arrested for a misdemeanor or suspected by the police to have committed a misdemeanor, what should I do?
• What happens after I am arrested?
• What happens if I miss the court date?
• Can the case be dismissed?
• Do I need an attorney to accept a plea bargain?
• Can I keep this off my record?
• If I am guilty do I have options?

Misdemeanor offense are crimes which by law a person can serve time in the county jail system, pay a fine and are divided into three classes.

Class C offenses are punishable usually be a fine not to exceed $500.

Class B misdemeanor offenses are punishable by a term of incarceration up to 180 days and an optional fine not to exceed $2000.

Class A misdemeanor offenses are punishable by a term of incarceration up to 365 days and an optional fine not to exceed $4000.

If I have been arrested for a misdemeanor or suspected by the police to have committed a misdemeanor, what should I do?

The first issue is to arrange for bond to prevent you from being in jail.

After bond is arranged then the case needs to be investigated and in the appropriate case contact the investigating agency to look at the possibly of a dismissal.

In some misdemeanor cases, the charge is often directly filed with the District attorney's office so there is no investigator assigned to your case and you will have to deal with the District attorney's office.

If the case is filed with the District Clerk and sent to the court then the criminal cases will be disposed of one of the following ways:

1. The case is dismissed

If the case is dismissed then arrested person can have all the records expunged from the criminal history file.

2. The person pleads guilty and accepts a plea bargain.

The are three typical plea scenarios:

a. You accept jail time and sit out the case which is a final conviction

b. You accepted regular probation (0- two years plus a fine and court cost) which is a final conviction, but you avoid jail time if you do not violate the probation

c. You accept a deferred probation (0-two years plus a fine and court cost), which is not a final conviction and may be later sealed, and you avoid jail time as long as you do not violate your probation.

3. Plead not guilty and have a jury trial.

Jury trials typically take several days. Each side has the right to present witnesses. The jury decides if the State has met the burden of proof required by law.

4. Plead not guilty and have a trial by judge.

This trial is usually less formal than a jury trial. The judge decides if the State has met the burden of proof.

5. Set the case for a motion and either the case is dismissed.

If there is a legal issue such as an illegal arrest or search, the case can be set for a motion to suppress, which if granted may preclude the State from introducing illegally obtained evidence and may effectively result in the case being dismissed,

Common questions:

What happens after I am arrested?

In most cases, the charge will be filed with the District Attorney's office. You will receive a court date after you bond out. Your case will be filed with the District Attorney's office. An assistant District Attorney will be assigned to review the case and make you a plea offer. You have to decide to either accept the plea offer or contest the charge.

What happens if I miss the court date?

In most cases the judge will issue another warrant for your arrest. In some cases if you act quickly, the judge may set aside the bond forfeiture and allow you to reset the case.

Can the case be dismissed?

In Texas, only the District Attorney can present a motion to dismiss the case. The judge has no authority to dismiss a case on his own power. Some case can be dismissed.

Charges are not dismissed easily but there are steps you can take to enhance your chances of having the case dismissed.

Cases are not dismissed just because the victim does not wish to prosecute.

Do I need an attorney to accept a plea bargain?

Yes, you need an attorney to review your case. The judge or the DA is prohibited from giving you legal advice.

An attorney can review you case and negotiate a more favorable plea bargain.

Can I keep this off my record?

Arrest records can be expunged in certain circumstances.

Some court records can also be sealed after successful completion of a deferred probation and the required waiting period.

If I am guilty do I have options?

Yes, there is a wide range of punishment in most cases. If you do not wish to contest the charge then it is critical to negotiate the best possible plea offer.

There are steps you can do before the plea bargain to obtain a better plea bargain or lessen the conditions of probation.

Taking the right steps such as obtaining counseling, obtaining employment, drug treatment, bringing witnesses to court can sometime place you in a better position.